Ndolena Design General Terms and Conditions

Last updated 01 June 2024

1. Agreement to Terms

By accessing or using any services provided by Ndolena Design SA (Pty) Ltd (“Ndolena Design,” “we,” “us,” or “our”), you agree to be bound by these Terms and Conditions, as well as any other guidelines, policies, or rules provided during our interactions with you, whether online or offline. These Terms and Conditions may be updated at our discretion, and it is your responsibility to review them periodically. Continued use of our services after updates constitutes acceptance of the revised terms.

2. Services

We provide a range of digital marketing services, including but not limited to web design, branding, social media management, content creation, graphic design, email marketing, and SEO. The scope of each project is defined in the contract or proposal agreed upon between you and Ndolena Design. Any additional work beyond the agreed-upon scope will incur extra charges, which will be discussed with the client before proceeding. Our services are delivered remotely unless otherwise specified.

3. Payment Terms

• Payments must be made according to the payment schedule outlined in the contract or quotation. A deposit of 60% is required before any work commences.
• Accepted payment methods: EFT (Electronic Fund Transfer) and ATM cash deposits (with a 1% deposit fee).
• Full payment is due within two (2) days of project completion. Failure to pay within this time will result in late payment penalties and may lead to suspension or termination of services.
• All fees are quoted in South African Rand (ZAR) unless otherwise stated.
• Ndolena Design reserves the right to halt work if payments are not made according to the agreed schedule. Additional fees may be applied to resume work.

4. Legal Compliance

Ndolena Design adheres to South African laws and regulations, including but not limited to:

• Consumer Protection Act (CPA) 68 of 2008: Ensuring fairness in service agreements and marketing.
• Protection of Personal Information Act (POPIA) 4 of 2013: We comply with data protection regulations by ensuring the confidentiality and security of your personal data.
• Electronic Communications and Transactions Act (ECTA) 25 of 2002: We ensure that all electronic communications are secure and comply with South African regulations regarding digital marketing, e-commerce, and online transactions.

By using our services, you acknowledge that you are aware of and comply with applicable local and international laws and regulations. It is the responsibility of the client to ensure compliance with any laws or regulations applicable to their industry and location.

5. Ownership and Intellectual Property Rights

Upon full payment, ownership of the final deliverables is transferred to the client. However, Ndolena Design retains the right to include your completed project in our portfolio and marketing materials, unless you explicitly instruct us not to do so in writing. Drafts, concepts, and preliminary designs remain the property of Ndolena Design and cannot be used by the client without written consent.

6. Client Responsibilities

Clients are responsible for providing all necessary content, such as text, images, and logos, unless otherwise agreed. Any delays in providing required materials will affect project timelines and delivery schedules. Ndolena Design is not liable for any delay caused by incomplete or incorrect information provided by the client. If content creation services are required from us, additional charges will apply, which will be discussed and agreed upon beforehand.

7. Third-Party Involvement

Ndolena Design may engage third-party vendors or service providers to fulfill specific aspects of your project, such as printing, hosting services, and content management systems. While we oversee and manage these aspects, we are not liable for issues or delays caused by third parties. Clients may be required to set up accounts with these third-party providers (e.g., payment gateways, hosting services) and assume responsibility for fees associated with them.

8. Remote Client Interactions and Deliveries

All client consultations, project management, and approvals are conducted remotely via email, video calls, or phone communication. Deliveries of physical products, such as printed materials, are handled by third-party logistics companies. While we coordinate these deliveries, Ndolena Design is not liable for any delays, damages, or issues that arise during third-party deliveries.

9. Cookies, Data Collection, and Marketing

We use cookies on our website for advertising, analytics, and tracking purposes. By using our website, you agree to the use of cookies as outlined in our Cookie Policy. We may retain your contact information for future marketing campaigns, such as newsletters and promotional materials. You have the right to opt out of these communications at any time by contacting us directly.

10. Record Retention and Archiving

Ndolena Design retains completed project files and documentation for a minimum of five (5) years, in compliance with legal and business requirements. After this period, project records may be archived or discarded. You agree that we may store your project files for this duration unless you explicitly request their deletion.

11. Project Timelines and Revisions

• We strive to adhere to project timelines, but deadlines may shift based on factors beyond our control, such as client delays in providing feedback or materials.
• Clients are entitled to up to three (3) design revisions. Additional revisions will incur extra costs.
• Urgent requests or rush jobs may incur additional fees. These fees will be communicated prior to commencing any expedited work.

12. Cancellations, Refunds, and Termination

• Clients may cancel projects at any time, but refunds are not guaranteed. Refunds, if applicable, will be calculated based on the portion of work completed up to the point of cancellation.
• If a client repeatedly causes project delays or breaches these terms, Ndolena Design reserves the right to terminate the project or relationship. In such cases, no refunds will be provided.
• Should Ndolena Design terminate a project due to unforeseen circumstances, you will be refunded for work not yet completed.

13. Limitation of Liability

Ndolena Design does not guarantee specific outcomes from its services, such as increased sales, engagement, or web traffic. External factors such as market conditions, industry changes, and competitor activities can affect performance, which is beyond our control.

We are not liable for:

• Any loss or damages arising from third-party services.
• Errors or omissions in content provided by the client.
• Delays caused by client inaction, failure to provide required materials, or approval delays.
• Loss of data due to software or hardware malfunctions.

14. Confidentiality and Non-Disclosure

Both parties agree to maintain the confidentiality of sensitive or proprietary information shared during the course of the project. This includes but is not limited to business strategies, project plans, and any other material marked as confidential. Ndolena Design will not disclose your confidential information to third parties without your consent, except where required by law.

15. Compliance with South African Law

We comply with all South African laws and regulations, including:

• Labour Relations Act 66 of 1995: We are committed to fair employment practices.
• Broad-Based Black Economic Empowerment (B-BBEE) Act 53 of 2003: Ndolena Design is committed to supporting economic transformation.
• Copyright Act 98 of 1978: Ensures that all work produced is original or properly licensed. Clients must guarantee that any materials provided to Ndolena Design are free from third-party claims of copyright infringement.

16. Indemnification

You agree to indemnify and hold harmless Ndolena Design, its officers, directors, employees, and agents, from any claims, liabilities, damages, or expenses (including legal fees) arising from:

• Your use of our services;
• Your breach of these Terms and Conditions;
• The content you provide for projects.

17. Governing Law and Jurisdiction

These Terms and Conditions shall be governed and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from this agreement will be settled under South African jurisdiction. The parties agree to first attempt to resolve disputes through negotiation or mediation before seeking formal legal action.

18. Final Deliverables and Handover

Upon full payment and project completion, final deliverables will be handed over to the client in the agreed-upon format (e.g., high-resolution images, print-ready files, website deployment). Any further modifications after final approval will be considered additional work and will incur additional charges.

19. Termination of Service

Ndolena Design reserves the right to refuse or terminate services if the client breaches these Terms and Conditions or engages in activities that harm the company’s reputation or operations. Both parties agree to act in good faith during the duration of any project and contract.

20. Dispute Resolution

In the event of any disputes, both parties agree to resolve issues through good-faith negotiations. If negotiations fail, the dispute will be referred to mediation or arbitration in accordance with South African law.